Governor rejects special prosecutor for Lembhard shooting in Newburgh

CITY OF NEWBURGH — Gov. Andrew Cuomo told city officials Tuesday he was denying their request for a special prosecutor in the shooting death of Michael Lembhard.

The 22-year-old Newburgh man was shot to death by city police on March 7. Police said he lunged at officers with a knife while they were trying to take him into custody on a menacing charge.

The City Council unanimously requested the special prosecutor two days after the shooting. But Cuomo's office told the city a special prosecutor could be appointed only if the district attorney's office chooses not to investigate the case. Orange County District Attorney Frank Phillips is investigating.

Lembhard's brother, Gosford Lembhard, protested Cuomo's decision with about 10 relatives on Tuesday in front of City Hall. He said the district attorney was too closely tied to city cops to conduct a fair investigation. The case so far has been a cover-up, he said, and the only reason the city hasn't “burst” yet is because his family has worked to keep supporters calm.

“They're going to see,” Gosford Lembhard said. “We said ‘no justice, no peace.' I hope they know what that means.”

Gosford Lembhard said that's not a threat of violence, but he promised Lembhard's supporters weren't going away.

City officials said Tuesday that in the absence of a special prosecutor, a grand jury will be convened to review the shooting. The state police Troop F Major Crimes Unit, the Orange County Medical Examiner's office and Phillips' office will be the lead agencies in the investigation, the city said.

Phillips said the grand jury will be convened after forensics reports are completed by the medical examiner's office and the state police forensics laboratory. He would not set a timetable, but said the grand jury will convene as soon as possible.

The two officers who fired the shots cannot by law be compelled to testify before the grand jury, Phillips said. Those officers, Nicholas Cardinale and Eric Henderson, have legal representation, and they are on administrative leave along with two other members of the department's anti-crime unit.

City Councilman Curlie Dillard said the city should still try to get an impartial party to investigate, because it's what Lembhard's family deserves.

“It's unfortunate the governor ignored the City of Newburgh's cries for a fair and impartial prosecutor,” Dillard said.

The city previously has been in touch with the federal Justice Department about the case, and “we will reach out to them again,” Dillard said.

“We've got to get to the bottom of this,” Dillard said. “We have to be fair to everyone.”

Mayor Judy Kennedy said while the city is disappointed that a special prosecutor will not be appointed, “We are united in our commitment to ensuring a fair and just outcome to this tragic event, and we will cooperate with the investigation in every way.”

The mayor also appealed for the community “to come together — peacefully, cooperatively and in support of the investigation as it moves forward to find the truth.”